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Written by : Troy Herskovits
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my attorney messed up my llc information can it be fixed short answer yes everything can be fixed disclaimer i'm not your attorney i'm not your cpa i am just providing generally accessible information you can get anywhere on the google machine um i'm just curating everything that i've learned through years and years of research into this uh one series here for entrepreneurs like you and me so uh again yes everything can be fixed let's say this llc was filed for hal by bob that doesn't look like a bob let's let's call him jeeves again um jeeves is this guy with the fancy mustache whether he's an architect or in this case he is a lawyer so this is an actual real question that we got uh some attorney messed up someone's llc and they needed it fixed um we mess up sometimes too what really matters is that if something goes wrong the person who filed it fixes it so if you pay an attorney a lot of money to file an llc for you and they flub it up and they don't fix it or they want to charge you an hourly rate maybe it's time to move on but you know again we've we've messed up before sometimes the customers have given us the wrong information we filed the information based on what they told us and it wasn't our fault it was their fault but in the end it doesn't really matter we need to make sure that the information's right so to fix this information all you need to do is file an amendment and you can either file an amendment with the state or the federal government so you might have the state here and the the federal government here this is for the irs and this is for the actual llc so the llc is state-based not um not federally based we have a video based on that that goes into more detail we have a playlist and all that that goes into all this information so highly recommend you watch those but like i said the llc is filed with the state the ein is filed with the irs and the legal documents are filed with nobody you keep them with yourself so this is actually the state filing so we're going to concentrate on this if you filed in texas and you need to change the name because the name's wrong uh that's a filing if you need to change the address because the address is wrong that's a different filing every state because we are the united states of america every state has their own rules and regulations of how all this works so every state government has their own ways of doing things in their own costs for making these changes so some states have you fax information in delaware still has you fax information in some states require that you fill it out on a piece of paper and snail mail it into them other states are more advanced than have you fill it out via an online form this is where better legal actually really shines is that we have a database of over 1500 different options so you know there's an llc in all 50 states there's a foreign llc in all 50 states there's a corporation all 50 states so there's already 200 options but then every state has a name change option an address change option a manager change option a registered agent change option but then you get to the legal documents and you might need to change you know we started off 50 50. um but now we want to change it to you know i've been putting in more sweat equity and and bob didn't and so i should own 70 and bob should own 30 so we need to make that change um ultimately you just if if it's with this the llc you make the change with the state government if it's with the ein you make a change with the federal government if it's with the legal document you just make a change and everybody signs it and you tack it on to the end of the legal document that you got when you filed your information and that's really it now there are fees associated with this so if you want to do a name change in texas versus wyoming it might be more expensive than one or the other it's also going to take longer in one or the other but the short answer is yes you can change your information nothing is set in stone the business is going to evolve if if you're one of the lucky people that gets to continue this business over years and years and years um there are going to be changes in where your office is there'll be changes in the name they're going to be changes and maybe you expand in new states um maybe it's you know you add a partner a manager a member but anyway that's the the short of it if you got value of this video please like and subscribe share it with a friend uh or go to betterlegal.com and get an llc from us or share this information with your friends so your friend can get an llc or corporation from betterlegal.com and i will see you on the next video
Thanks for your comment Jean Barrentine, have a nice day.
- Troy Herskovits, Staff Member
hi everyone i'm attorney aidan durham with 180 law co in colorado and welcome back to all up in your business in this episode of all up in your business i'm going to explain how you can go about changing the name of your business but first don't forget to like subscribe and share and check the description for links to additional information and resources and i have a really exciting announcement we have merch now that's right now you can show off your love of trademarks and support your favorite youtube lawyer with exclusive products from our inherently distinctive line i am rocking the inherently distinctive flowy women's tank complete with rocky logo on the back of course or turn heads with our classic all up in your business line featuring our auiyb mascot rocky what can be better than rocky's face on your face or rocky's ugly mug on your mug i mean come on scroll down or check the merchandise tab on my channel page to check it all out and start shopping okay now on to changing your business name there are a lot of reasons you might want to change the name of your business maybe you've grown tired of your business name or you've changed the types of products or services that you offer and your business name no longer you know really reflects what you're doing or maybe you didn't do a thorough enough search before you started your business and now you find yourself in some kind of a trademark infringement issue or maybe you're like me and you named your business after yourself then got divorced and now you want to change your business name from the law office of aiden h kramer to 180 law co whatever the case may be for a lot of small businesses there will come a time when you decide it's best to change the name of your business first word of warning as with most things having to do with your business every state is different the rules and procedures for changing a business name will at least be slightly different in each state and states use different terminology the names of forms and terminology used in the forms will be different so just know that the stuff i'm talking about is generally true for all businesses but the specific details and process may look different for you if you're operating as a sole proprietor this is usually a very easy thing to do let's say you're a sole proprietor so you're running a business on your own and have not registered as an llc or a corporation and you've been doing business under your legal name if you want to change that and do business under a different name or brand it's really just a matter of filing a trade name or dba registration for the sole proprietorship you would do this by filing the appropriate form with the secretary of state's office in your state in colorado this form is called a statement of trade name but like i said other states will call it something else or let's say you are already operating under a dba or a trade name that's not your legal name if you decide you want to do business under a different name again it's really just a matter of registering that new dba or trade name so just like with the first example you would file a statement of trade name or whatever the form is called in your state the only difference here is that you will then want to withdraw the previous trade name or dba registration the process is pretty similar if you have an llc or a corporation and you're operating under a dba or trade name llcs and corporations are permitted to operate under a name which is different from the name of the llc or the corporation just like with sole proprietors the llc or corporation would file a statement of trade name to register the dba then if you want to later change that you would file another statement of trade name to register the new dba then withdraw the previous registration you can use this same approach if the llc or corporation is not currently under operating under a dba if you want to change the name that your business is operating under or your business's brand you can do so by registering the dba or trade name of the llc a few important things to note here first it's important to understand the difference between the entity's name and a dba or trade name a dba does not actually change the name of the entity itself a dba means doing business as so it quite literally means that the company is doing business as a different name an llc or corporation can have multiple dvr dba registrations it's not like you're limited to just one so when i say that a company can change its business name by registering a different dba or trade name i really mean that you can change the name that you're doing business under but you're not actually changing the name of your business second the forms that you'll use may be different if you're registering a dba for an entity versus registering it for a sole proprietorship in colorado for example we would use the statement of trade name of an individual form for a sole proprietor and the statement of trade name of a reporting entity for an llc or corporation again the specific forms are going to be different in every state the process is a little different if you're operating as an llc or corporation and want to actually change the name of the entity itself i mean actually changing the registered name of the llc or corporation not changing or adopting a new dba or trade name first we need to check the company's operating agreement or bylaws to see if there are any specific requirements or instructions or anything related to changing the company's name for example many llc operating agreements will require that the members consent to the name change if your company's operating agreement or bylaws address it then you need to do whatever they say most often they'll say something like the company may conduct business under any name which the members determine and there will be some kind of requirement for either a majority or a unanimous unanimous vote if that's the case then it is important to document that vote so you can easily demonstrate that you have complied with the operating agreement this is typically accomplished with meeting minutes or a written consent in lieu of a meeting even if your llc's operating agreement or corporate bylaws don't address the name issue your state's laws most likely do every state will require some form of consent by the businesses owners or officers in order to change the business's name check the description by the way i am going to link to a sample written consent in lieu of a meeting so you guys can get a better sense of what that is so once we've got the consent portion out of the way we can actually get to changing the name we'll typically do this by amending the llc's articles of organization or the corporations articles of or incorporation this by the way is why the states require consent to change a business name we're not just changing a name we're changing the company's formative document which governs the entire existence of the company in colorado we would file amended or amended and restated articles of organization with the secretary of state to change the name of an llc again th
Thanks limati9 your participation is very much appreciated
- Troy Herskovits
About the author
I've studied rehabilitation psychology at Saint Xavier University in Chicago and I am an expert in collective bargaining. I usually feel enraged. My previous job was control center specialist (military) I held this position for 26 years, I love talking about herp keeping and fighting. Huge fan of Allison Holker I practice cycling: track and collect match-related items.
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